Page:Federal Reporter, 1st Series, Volume 3.djvu/781

 77e FEDERAL REPORTER. �vides "that no civil suit shall be brought before either of said courts [meaning the circuit and district courts of the United States] against any inhabitants of the United States by any original process in any other district than that in which he is an inhabitant, or in which he is found at the time of serv- ing the writ." The exception to that found in the same sec- tion is in suits of a local nature, in a state which contains more than one district, the process may run to any point within the state. �Section 738 of the Eevised Statutes declares that "when any defendant in a suit in equity, to enforce any legal or equitable lien or claim against real or personal property within the district where the suit is brought, is not an inhab- itant of nor found within the said district, and does not vol- untarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainant's bill, at a cer- tain day, to be therein designated;" and the statutethen pro- ceeds that the court may direct service of this order by pub- lication, or by actual personal service on the party. But this section does not authorize the issuance of the process, either of summons or subpœna in chancery, to be served beyond the limits of the jurisdiction of the court. And the present case derives no aid from it if it did, because this is not a suit to enforce any legal or equitable lien or claim against real or personal property. These very exceptions, however, to the general rule of law, that the process of a court does not extend beyond its territorial limits, and to the statute, which requirea that no suit shall be brought against any person in any other district than that of which he is an inhabitant or found at the time of serving the writ, go themselves to prove the strength and extent of the rule of limitation. �We are of opinion, therefore, that there is no law which permits a subpœna in chancery to issue on the present bill, to whoever it may be directed, to be served upon a party who is neither an inhabitaut of the state of Missouri, nor found within the district in which the suit is pending. �As regards the subpœnas served on solicitors and attorneys ����